Preliminary Injunctions in FTC and DOJ Merger Challenges | Practical Law
A Practice Note reviewing the legal standards and procedures that apply when the Federal Trade Commission (FTC) or Antitrust Division of the Department of Justice (DOJ) seeks a preliminary injunction to block a merger. The Note discusses examples of preliminary injunction hearings, the types of evidence that the court considered in each, Section 15 of the Clayton Act (15 U.S.C. § 25), Section 13(b) of the FTC Act (15 U.S.C. § 53(b)), and practice tips for merging parties' counsel.